EPA v. INDUSTRIAL ASPHALT, A JOINT VENTURE COMPANY

Case summary

INDUSTRIAL ASPHALT OPERATES A HOT MIX ASPHALTIC CONCRETE PRODUCTION FACILITY LOCATED ON FIVE ACRES OF SANDIA PUEBLO INDIAN LANDS NEAR THE CITY OF ALBUQUERQUE, NM. THE FIVE ACRE FACILITY IS PART OF A 483 ACRE PARCEL LEASED FROM THE INDIAN LANDS BY CALMAT CO. OF NEW MEXICO. THE FACILITY, REFERRED TO VARIOUSLY AS THE INDUSTRIAL ASPHALT ALBUQUERQUE FACILITY, OR THE CALMAT SANDIA PUEBLO ASPHALT PLANT, DOES NOT HAVE A STREET ADDRESS, BUT IS LOCATED OFF THE NORTHWEST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 25, AND TRAMWAY ROAD, ABOUT 1/4TH MILE NORTH OF THE CITY LIMITS OF THE CITY OF ALBUQUERQUE. INDUSTRIAL ASPHALT IS A CALIFORNIA JOINT VENTURE BETWEEN HUNTMIX, INC., A CALIFORNIA CORPORATION, AND COAST ASPHALT, INC., A DELAWARE CORPORATION, BOTH OF WHICH OPERATE OUT OF CALIFORNIA, AND WHICH ARE JOINTLY AND SEVERALLY LIABLE WITH INDUSTRIAL UNDER NEW MEXICO LAW. * THE MECHANICAL FACILITY FOR PROCESSING HOT MIX ASPHALT WAS CONSTRUCTED FROM JANUARY THROUGH SPRING OF 1989 AND FIRST BECAME OPERATIONAL ON 7/5/89. THIS WS AFTER THE EFFECTIVE DATE OF THE PROMULGATION OF THE GENERAL PROVISIONS FOR THE STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (NSPS) FOUND IN 40 CFR PART 60, SUBPART A, AND AFTER THE EFFECTIVE DATE OF SUBPART I, 40 CFR 60.90 TO 60.93, RELATING TO HOT MIX ASPHALT FACILITIES, MAKING THE FACILITY SUBJECT TO THESE NSPS REGULATIONS. AT THE TIME THE FACILITY WAS CONSTRUCTED IN 1989, THERE WERE NO NOTIFICATIONS TO EPA THAT THE FACILITY WAS BEING CONSTRUCTED, THAT THE FACILITY WOULD BEGIN OPERATIONS, OR THAT THE FACILITY HAD COMMENCED OPERATION, NOR WAS THERE PERFORMANCE TESTING DONE AFTER COMMENCING OPERATIONS, AS REQUIRED BY 40 CFR PART 60. * THE CITY OF ALBUQUERQUE DETECTED SIGNIFICANT PARTICULATE EMISSIONS DURING TESTING CONDUCTED IN THE AREA OF THE INDUSTRIAL FACILITY. THE RESULTS OF THIS AMBIENT MONITORNING MAY AFFECT THE PENDING REDESIGNATION OF AREA CLASSIFICATIONS FOR THE ALBUQUERQUE AREA COUNTIES AS 'ATTAINMENT' OR 'NON-ATTAINMENT' AREAS PURSUANT TO SECTION 107 OF THE ACT, 42 USC 7407. THE CALMAT SITE LIES IN BOTH BERNALILLO COUNTY (ALBUQUERQUE) AND SANDOVAL COUNTY, BOTH OF WHICH ARE AT RISK OF BEING REDESIGNATED AS NON-ATTAINMENT AREAS DUE TO EXCEEDANCES OF THE PM10 STANDARDS AT THE AMBIENT MONITORING SITE NEAR INDUSTRIAL. INDUSTRIAL WAS DETERMINED TO BE THE SOURCE OF SOME OF THESE EMISSIONS. BECAUSE THE INDUSTRIAL FACILITY IS ON SANDIA PUEBLO INDIAN LAND, IT IS OUTSIDE THE JURISDICTION OF THE STATE OF NEW MEXICO AND THE CITY OF ALBUQUERQUE FOR THE PURPOSES OF REQUESTING INFORMATION FOR, AND ENFORCING, STATE ENVIRONMENTAL REGULATIONS. EPA WAS REQUESTED TO OBTAIN INFORMATION ABOUT THE OPERATION OF THE INDUSTRIAL FACILITY AND THE EMISSIONS FROM IT. * EPA INSPECTED THE FACILITY OF 12/19/90. ON 11/4/91 EPA SENT INDUSTRIAL A REQUEST FOR INFORMATION UNDER SECTION 114 TO GET ADDITIONAL INFORMATION ON OPERATIONS AND EQUIPMENT. THEIR RESPONSE DATED 1/3/92 AND THE INFORMATION OBTAINED IN THE INSPECTION, INDICATED THAT THE HOT MIX ASPHALT FACILITY HAD COMMENCED CONSTRUCTION AND OPERATIONS WITHOUT THE PROPER NOTIFICATIONS AND PERFORMANCE TESTING REQUIRED BY NSPS REGULATIONS. EPA SENT A SECOND REQUEST FOR INFORMATI

Defendants (3)

• INDUSTRIAL ASPHALTNamed in complaintNamed in settlement
• COAST ASPHALT, INC.Named in complaintNamed in settlement
• HUNTMIX, INC.Named in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL ASPHALT

  TRAMWAY RD @ I-25, ALBUQUERQUE, NM, 87113

  Registry ID: 110010626643

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• US V INDUSTRIAL ASPHALTentered 1996-04-16

  Primary law: CAA

  Federal penalty: $29,600

Timeline (8 milestones)

• 1991-01-01Enforcement Action Data Entered
• 1992-06-28PRN Sent
• 1992-06-28Referred To Dept Of Justice
• 1996-04-05Complaint Filed With Court
• 1996-04-16Final Order Lodged
• 1996-04-16Final Order Entered
• 1996-04-16Concluded
• 1996-09-23Enforcement Action Closed